Winter Haven Commissioners Agree to Talks With Landings Developers

Developers given a month to reach an agreement with the city

Published: Monday, February 11, 2013 at 11:58 p.m.

Last Modified: Monday, February 11, 2013 at 11:58 p.m.

WINTER HAVEN | Winter Haven commissioners backed off their threat to evict The Landings and gave developers another month to reach an agreement that will satisfy the city's concerns.

The move opens up the possibility that the mixed-use development planned to take over the Chain of Lakes Complex could proceed if talks can produce a new agreement. But neither city officials nor The Landings developers will say what keeps them apart.

Commissioners unanimously agreed to the extension in a motion, made by Commissioner Pete Chichetto, that was not on the meeting agenda, but was proposed by City Attorney John Murphy during his staff report.

Murphy told commissioners that city staff met with The Landings financier Taylor Pursell and his lawyer Thursday and that the staff "would like to continue that dialogue."

That meeting was in response to a city letter, supported by a 3-0 commission vote, to terminate all contracts with The Landings. It said the developers had not lived up to their agreement with the city.

The Jan. 28 letter gave The Landings 30 days to get off the property.

Murphy said Mondays' decision is not a change in the commission's official position, just an allowance for new talks.

"What I'm asking for is not for the commission to change its position that it expressed and that it approved on Jan. 28," Murphy said. "What I'm asking the commission is to authorize these remediation discussions ... not recede from the position, but just allow us not to move forward with an eviction."

Murphy said three things could happen now: City staffers will come back to the commission by March 25 with a new agreement for commissioners to consider, they will report that no agreement can be reached or will ask for another extension.

Pursell, reached by phone Monday night, applauded the move.

"We had a good meeting with folks in the city last week and we're just trying to work out an amicable solution to it," Pursell said. "I think we had a very positive meeting and positive talks."

Pursell was not willing to discuss specifics of the talks.

Murphy declined to comment after the meeting.

Chichetto, the commission liaison to The Landings discussions, said the move could save the city money.

"If not, if we decide to say no, it will more than likely result in litigation in my opinion and will cost quite a bit of money ... To try to work out something, that to me is our best option at this particular time," Chichetto said.

The city's letter said The Landings has had multiple material failures, including not closing on the purchase of 0.33 acres of city-owned land, not submitting a declaration of covenants, conditions and restrictions by May 5, 2012, and not advancing the project in a manner consistent with the terms of the agreement.

<p>WINTER HAVEN | Winter Haven commissioners backed off their threat to evict The Landings and gave developers another month to reach an agreement that will satisfy the city's concerns.</p><p>The move opens up the possibility that the mixed-use development planned to take over the Chain of Lakes Complex could proceed if talks can produce a new agreement. But neither city officials nor The Landings developers will say what keeps them apart.</p><p>Commissioners unanimously agreed to the extension in a motion, made by Commissioner Pete Chichetto, that was not on the meeting agenda, but was proposed by City Attorney John Murphy during his staff report.</p><p>Murphy told commissioners that city staff met with The Landings financier Taylor Pursell and his lawyer Thursday and that the staff "would like to continue that dialogue."</p><p>That meeting was in response to a city letter, supported by a 3-0 commission vote, to terminate all contracts with The Landings. It said the developers had not lived up to their agreement with the city.</p><p>The Jan. 28 letter gave The Landings 30 days to get off the property.</p><p>Murphy said Mondays' decision is not a change in the commission's official position, just an allowance for new talks.</p><p>"What I'm asking for is not for the commission to change its position that it expressed and that it approved on Jan. 28," Murphy said. "What I'm asking the commission is to authorize these remediation discussions ... not recede from the position, but just allow us not to move forward with an eviction."</p><p>Murphy said three things could happen now: City staffers will come back to the commission by March 25 with a new agreement for commissioners to consider, they will report that no agreement can be reached or will ask for another extension.</p><p>Pursell, reached by phone Monday night, applauded the move.</p><p>"We had a good meeting with folks in the city last week and we're just trying to work out an amicable solution to it," Pursell said. "I think we had a very positive meeting and positive talks."</p><p>Pursell was not willing to discuss specifics of the talks.</p><p>Murphy declined to comment after the meeting.</p><p>Chichetto, the commission liaison to The Landings discussions, said the move could save the city money.</p><p>"If not, if we decide to say no, it will more than likely result in litigation in my opinion and will cost quite a bit of money ... To try to work out something, that to me is our best option at this particular time," Chichetto said.</p><p>The city's letter said The Landings has had multiple material failures, including not closing on the purchase of 0.33 acres of city-owned land, not submitting a declaration of covenants, conditions and restrictions by May 5, 2012, and not advancing the project in a manner consistent with the terms of the agreement.</p>